Herald of Civil Procedure
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MEDIATION AGREEMENTS IN THE NOTARY’S ACTIVITIES AND IN ENFORCEMENT PROCEEDINGS (BASED ON THE MATERIALS OF THE REGIONAL SCIENTIFIC-PRACTICAL ROUND TABLE IN VORONEZH)

JUDICIAL AUTHORITY AND PRACTICE


D.G. FILCHENKO, I.G. FILCHENKO, O.N. SHEMENEVA, E.A. EVTUKHOVICH

D.G. FILCHENKO,
Candidate of Legal Sciences, Associate Professor,
Department of Civil Law and Procedure, Voronezh State University

I.G. FILCHENKO,
Candidate of Legal Sciences, Associate Professor,
Department of Civil Law and Procedure, Voronezh State University

O.N. SHEMENEVA,
Doctor of Legal Sciences, Professor, Department of Civil Law and Procedure,
Voronezh State University

E.A. EVTUKHOVICH,
Lecturer, Department of Civil Law and Procedure,
Voronezh State University

DOI: 10.24031/2226-0781-2020-10-3-281-299

The article analyses the problems associated with the recognition of notarized mediation
agreements as an executive document. The procedure for certification of a mediation
agreement by a notary, the grounds for refusing to certify it, the possibility of changing
a notarized mediation agreement and the requirements for a mediation agreement as an
executive document are considered separately. The authors focus on the fact that the parties
to a mediation agreement to a notary to certify the agreement is their right. A comparative
analysis of mediation agreements, agreements on the payment of alimony and executive
inscriptions is given. Special attention is paid to the powers of a notary, allowing to refuse
to certify a mediation agreement for various reasons. The paper contains an analysis of
the provisions of the law on mediators, the requirements for them and their status in the
procedure of notarization of mediation agreements. A special place in the work is occupied
by the question of the requirements to which the mediation agreement must comply as an
executive document. Attention is drawn to the powers of the bailiff in the execution of the
mediation agreement. It is noted that in order to eliminate the revealed contradictions,
changes and additions to the current procedural legislation and legislation on enforcement
proceedings are necessary.

Keywords: mediation; mediator; reconciliation; mediation agreement; notary; writ of
execution; enforcement proceedings; bailiff.

Information about the author

D.G. Filchenko (Voronezh, Russia) – Candidate of Legal Sciences, Associate Professor,
Department of Civil Law and Procedure, Voronezh State University (1 Universitetskaia
Sq., Voronezh, 394036, Russia; e-mail: d.filchenko@mail.ru).

I.G. Filchenko (Voronezh, Russia) – Candidate of Legal Sciences, Associate Professor,
Department of Civil Law and Procedure, Voronezh State University (1 Universitetskaia
Sq., Voronezh, 394036, Russia; e-mail: filchen_ko@mail.ru).

O.N. Shemeneva (Voronezh, Russia) – Doctor of Legal Sciences, Professor, Department
of Civil Law and Procedure, Voronezh State University (1 Universitetskaia Sq.,
Voronezh, 394036, Russia; e-mail: shon_in_law@mail.ru).

E.A. Evtukhovich (Voronezh, Russia) – Lecturer, Department of Civil Law and
Procedure, Voronezh State University (1 Universitetskaia Sq., Voronezh, 394036, Russia;
e-mail: egor.vsu.sno@rambler.ru).

Recommended citation

Filchenko D.G., Filchenko I.G., Shemeneva O.N., Evtukhovich E.A. Mediativnye
soglasheniia v notarial’noi deiatel’nosti i v ispolnitel’nom proizvodstve (po materialam
regional’nogo nauchno-prakticheskogo kruglogo stola v Voronezhe) [Mediation Agreements
in the Notary’s Activities and in Enforcement Proceedings (Based on the Materials
of the Regional Scientific-Practical Round Table in Voronezh)]. Vestnik grazhdanskogo
protsessa – Herald of Civil Procedure, 2020, vol. 10, no. 3, pp. 281–299. (In Russ.)
https://doi.org/10.24031/2226-0781-2020-10-3-281-299

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